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引用次数: 1
摘要
Marián ko纳是一名有争议的斯洛伐克商人,据称他在2018年下令杀害了一名年轻的记者Ján Kuciak,目前正在调查这起谋杀案,众所周知,他控制了司法机构不同级别的许多法官,经常贿赂他们以换取信息和有利的判决。在这个案例研究中,我们通过国家捕获的概念来分析ko内对斯洛伐克司法系统的影响。长期以来,国家俘获(State capture)一直是研究后共产主义国家的研究人员感兴趣的话题,表现为强大的经济利益对国家及其政治体系的大量过度代表。然而,尽管在学术文献中经常使用,其操作仍然不一致。我们提出了定义国家俘获的四个经验标准:(1)一方面识别多个腐败的公共行为者,另一方面识别对他们施加某种形式决定性影响的捕获者;(2)发生非法交换——即捕获机制;(3)交换对俘虏有利;(4)俘虏在机构内的影响是系统性的。我们认为,在“ko内尔法官”的案例中,所有这些标准都得到了满足。
Marián Kočner, a controversial Slovak businessman, alleged to have ordered the killing of a young journalist, Ján Kuciak, in 2018, is now—on account of the investigation of the murder—known to have controlled many judges at different levels of the judiciary, frequently bribing them in exchange for information and favorable verdicts. In this case study, we analyze Kočner’s influence on the Slovak judiciary system through the concept of state capture. State capture, manifested in a substantial overrepresentation of powerful economic interests over the state and its political system, has long been a topic of interest for researchers specialized in post-communist countries. Despite frequent use in academic literature, however, its operationalization remains inconsistent. We propose that four empirical criteria can define state capture: (1) identifying multiple corrupt public actors on the one hand, and a captor exerting some form of decisive influence over them on the other; (2) an illegitimate exchange takes place—that is, the mechanism of capture; (3) the exchange has a beneficial outcome for the captor; and (4) the captor’s influence within the institution is systematic. We argue that in the case of “Kočner’s judges,” all these criteria are fulfilled.
期刊介绍:
Communist and Post-Communist Studies is an international journal covering all communist and post-communist states and communist movements, including both their domestic policies and their international relations. It is focused on the analysis of historical as well as current developments in the communist and post-communist world, including ideology, economy and society. It also aims to provide comparative foci on a given subject by inviting comments of a comparative character from scholars specializing in the same subject matter but in different countries.